United Imports & Exports Co Pty Ltd T/A Bidvest Coffs Harbour

[2013] FWCA 313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Imports & Exports Co Pty Ltd T/A Bidvest Coffs Harbour
(AG2012/13017)

BIDVEST COFFS HARBOUR - ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER ROBERTS	SYDNEY, 16 JANUARY 2013

Application for approval of the Bidvest Coffs Harbour - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Coffs Harbour - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Imports & Exports Co Pty Ltd T/A Bidvest Coffs Harbour (the Company). The agreement is a single-enterprise agreement.

[2] On 15 January 2013 an undertaking was provided by the Company’s General Manager, Mr S Burgess, in relation to clause 7.3 (Dispute Resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to the Agreement at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The National Union of Workers, New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2013. The nominal expiry date of the Agreement is 1 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved a dispute between United Imports & Exports Co Pty Ltd, trading as Bidvest Coffs Harbour, and its employees. The primary issue was the application for approval of the Bidvest Coffs Harbour - Enterprise Agreement 2012. The dispute centred on the fairness and appropriateness of the proposed agreement, which sought to set the terms and conditions of employment for the employees.

The court had to consider whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The court also needed to determine if the agreement complied with the "better off overall test," ensuring that employees would not be worse off financially under the new agreement compared to their previous conditions.

In delivering its decision, the court found that the proposed agreement did meet the statutory requirements for approval. The court was satisfied that the agreement was made in good faith, without coercion, and provided for fair and reasonable terms and conditions. Furthermore, the court concluded that the agreement passed the better off overall test, ensuring that employees would not be disadvantaged financially. Consequently, the court approved the Bidvest Coffs Harbour - Enterprise Agreement 2012.

The court's approval of the agreement resulted in its implementation, thereby setting the terms and conditions of employment for the employees under the new enterprise agreement. The decision underscored the importance of ensuring that such agreements are made in good faith, provide fair and reasonable terms, and comply with the better off overall test. This ruling highlights the legal framework within which enterprise agreements must be assessed and approved in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established